Joint Filing Agreement, dated July 22, 2013 PURSUANT TO RULE 13d-1(k)Joint Filing Agreement • July 22nd, 2013 • First Manhattan Co • Pharmaceutical preparations
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13D may be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning it contained herein and therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that it knows that such information is inaccurate.
VIVUS, Inc. 351 East Evelyn Avenue Mountain View, CA 94041Shareholder Agreement • July 22nd, 2013 • First Manhattan Co • Pharmaceutical preparations • Delaware
This letter constitutes the agreement (the “Agreement”) between First Manhattan Co., a New York limited partnership, on behalf of itself and its affiliated funds, accounts and entities (collectively, “First Manhattan”), and VIVUS, Inc., a Delaware corporation (the “Company”).
